January 27, 2005, Introduced by Rep. Caswell and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a),
section 1230 as amended by 1993 PA 284 and section 1230a as added
by 1995 PA 83.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1230. (1) Beginning with hiring for the 1993-94 school
year
and subject Subject to subsections (2), (4), and (5), upon an
offer of initial employment being made by the board of a school
district, local act school district, or intermediate school
district or the governing body of a public school academy or
nonpublic school to an individual for a position as a teacher or a
school administrator or for a position requiring state board
approval, the district, public school academy, or nonpublic school
shall request from the criminal records division of the department
of state police a criminal history check on the individual and,
before employing the individual as a regular employee, shall have
received from the department of state police the report described
in subsection (8).
(2) If the board of a school district, local act school
district, or intermediate school district or the governing body of
a public school academy or nonpublic school determines it necessary
to employ an individual for a position described in subsection (1)
for a particular school year during that school year or within 30
days before the beginning of that school year, the board or
governing body may employ the individual as a conditional employee
under this subsection without first receiving the report described
in subsection (8) if all of the following apply:
(a) The board or governing body requests the criminal history
check required under subsection (1) before conditionally employing
the individual.
(b) The individual signs a statement that identifies all
crimes for which he or she has been convicted, if any, and agreeing
that, if the report described in subsection (8) is not the same as
the individual's statement, his or her employment contract will be
voidable
at the option of the board or governing body. Not later
than
July 28, 1993, the The
department shall develop and
distribute to districts and nonpublic schools a model form for the
statement required under this subdivision. The department shall
make the model form available to public school academies. A
district, public school academy, or nonpublic school shall use the
model form for the purposes of this subsection.
(3) If an individual is employed as a conditional employee
under subsection (2) and the report described in subsection (8) is
not the same as the individual's statement under subsection (2),
the board or governing body may void the individual's employment
contract. If an employment contract is voided under this
subsection, the individual's employment is terminated, a collective
bargaining agreement that would otherwise apply to the individual's
employment does not apply to the termination, and the district,
public school academy, or nonpublic school or the board or
governing body is not liable for the termination.
(4) For an applicant for a position as a substitute teacher,
instead of requesting a criminal history check under subsection
(1), a school district, local act school district, intermediate
school district, public school academy, or nonpublic school may use
a report received by another district, public school academy, or
nonpublic school or maintained by the department to confirm that
the
individual does not have any criminal history. If Except as
otherwise provided in subsection (10), if that confirmation is not
available, subsection (1) applies to an applicant for a position as
a substitute teacher.
(5) If an applicant for a position described in subsection (1)
is being considered for employment in such a position by more than
1 school district, local act school district, intermediate school
district, public school academy, or nonpublic school and if the
applicant agrees in writing to allow a district, public school
academy, or nonpublic school to share the report described in
subsection (8) with another district, public school academy, or
nonpublic school, a district, public school academy, or nonpublic
school may satisfy the requirements of subsection (1) by obtaining
a copy of the report described in subsection (8) from another
district, public school academy, or nonpublic school.
(6) An applicant for a position described in subsection (1)
shall give written consent at the time of application for the
criminal records division of the department of state police to
conduct the criminal history check required under this section.
(7) A school district, local act school district, intermediate
school district, public school academy, or nonpublic school shall
make a request to the criminal records division of the department
of state police for a criminal history check required under this
section on a form and in a manner prescribed by the criminal
records division of the department of state police.
(8) Within 30 days after receiving a proper request by a
school district, local act school district, intermediate school
district, public school academy, or nonpublic school for a criminal
history check on an applicant under this section, the criminal
records division of the department of state police shall conduct
the criminal history check and, after conducting the criminal
history check and within that time period, provide a report of the
results of the criminal history check to the district, public
school academy, or nonpublic school. The report shall contain any
criminal history record information on the applicant maintained by
the criminal records division of the department of state police.
(9) Criminal history record information received from the
criminal records division of the department of state police under
subsection (8) shall be used by a school district, local act school
district, intermediate school district, public school academy, or
nonpublic school only for the purpose of evaluating an applicant's
qualifications for employment in the position for which he or she
has applied and for the purposes of subsection (3). A member of the
board of a district or of the governing body of a public school
academy or nonpublic school or an employee of a district, public
school academy, or nonpublic school shall not disclose the report
or its contents except any felony conviction or a misdemeanor
conviction involving sexual or physical abuse to any person who is
not directly involved in evaluating the applicant's qualifications
for employment. However, for the purposes of subsection (4), a
person described in this subsection may confirm to an employee of
another district, public school academy, or nonpublic school that a
report under subsection (8) has revealed that an individual does
not have any criminal history or may disclose that no report under
subsection (8) has been received concerning the individual, and for
the purposes of subsection (5), a person described in this
subsection may provide a copy of the report under subsection (8)
concerning the individual to an appropriate representative of
another district, public school academy, or nonpublic school. A
person who violates this subsection is guilty of a misdemeanor
punishable by a fine of not more than $10,000.00, but is not
subject to the penalties under section 1804.
(10) This section does not apply to an individual hired as a
substitute teacher if that individual meets all of the following:
(a) Was employed as a teacher by a school district, local act
school district, intermediate school district, public school
academy, or nonpublic school and has retired from that employment.
(b) Is hired as a substitute teacher within 3 months after his
or her retirement effective date.
(11) (10)
As used in this section:
(a) "Criminal history record information" means that term as
defined
in section 1a of Act No. 289 of the Public Acts of 1925,
being
section 28.241a of the Michigan Compiled Laws 1925
PA 289,
MCL 28.241a.
(b) "State board approval" means that term as defined in
section 1539b.
Sec. 1230a. (1) In addition to the criminal history check
required under section 1230, the board of a school district, local
act school district, or intermediate school district or the
governing body of a public school academy or nonpublic school shall
request the department of state police to conduct a criminal
records check through the federal bureau of investigation on an
applicant for, or an individual who is hired for, a position as a
teacher or a school administrator or a position requiring state
board approval. Except as provided in subsection (2), a board or
governing body shall not employ an individual in a position
described in this subsection until after the board or governing
body receives the results of the criminal records check. A board or
governing body requesting a criminal records check under this
section shall require the applicant or individual to submit his or
her fingerprints to the department of state police for that
purpose. The department of state police may charge a fee for
conducting the criminal records check. A board or governing body
shall require an individual to submit his or her fingerprints for
the purposes of this section only at the time the individual
initially applies for employment with the board or governing body
or is initially employed by the board or governing body.
(2) If the board of a school district, local act school
district, or intermediate school district or the governing body of
a public school academy or nonpublic school determines it necessary
to employ an individual for a position described in subsection (1)
for a particular school year during that school year or within 30
days before the beginning of that school year, the board or
governing body may employ the individual as a conditional employee
under this subsection without first receiving the results of the
criminal records check under subsection (1) if all of the following
apply:
(a) The board or governing body requests the criminal records
check under subsection (1) before conditionally employing the
individual.
(b) The individual signs a statement that identifies all
crimes for which he or she has been convicted, if any, and agreeing
that, if the results of the criminal records check under subsection
(1) reveal information that is inconsistent with the individual's
statement, his or her employment contract will be voidable at the
option
of the board or governing body. Not later than September
30,
1995, the The
department shall develop and distribute to
districts and nonpublic schools a model form for the statement
required under this subdivision. The department shall make the
model form available to public school academies. A district, public
school academy, or nonpublic school shall use the model form for
the purposes of this subsection.
(3) If an individual is employed as a conditional employee
under subsection (2) and the results of the criminal records check
under subsection (1) reveal information that is inconsistent with
the individual's statement under subsection (2), the board or
governing body may void the individual's employment contract. If an
employment contract is voided under this subsection, the
individual's employment is terminated, a collective bargaining
agreement that would otherwise apply to the individual's employment
does not apply to the termination, and the district, public school
academy, or nonpublic school or the board or governing body is not
liable for the termination.
(4) For an applicant for a position as a substitute teacher,
instead of requesting a criminal records check under subsection
(1), a school district, local act school district, intermediate
school district, public school academy, or nonpublic school may use
results received by another district, public school academy, or
nonpublic school or maintained by the department to confirm that
the
individual does not have any criminal history. If Except as
otherwise provided in subsection (10), if that confirmation is not
available, subsection (1) applies to an applicant for a position as
a substitute teacher.
(5) If an applicant for a position described in subsection (1)
is being considered for employment in such a position by more than
1 school district, local act school district, intermediate school
district, public school academy, or nonpublic school and if the
applicant agrees in writing to allow a district, public school
academy, or nonpublic school to share the results of the criminal
records check with another district, public school academy, or
nonpublic school, then a district, public school academy, or
nonpublic school may satisfy the requirements of subsection (1) by
obtaining a copy of the results of the criminal records check from
another district, public school academy, or nonpublic school.
(6) An applicant for a position described in subsection (1)
shall give written consent at the time of application for the
criminal records division of the department of state police to
conduct the criminal records check required under this section.
(7) A school district, local act school district, intermediate
school district, public school academy, or nonpublic school shall
make a request to the department of state police for a criminal
records check under this section on a form and in a manner
prescribed by the department of state police.
(8) The results of a criminal records check under this section
shall be used by a school district, local act school district,
intermediate school district, public school academy, or nonpublic
school only for the purpose of evaluating an individual's
qualifications for employment in the position for which he or she
has applied and for the purposes of subsections (3), (4), and (5).
A member of the board of a district or of the governing body of a
public school academy or nonpublic school or an employee of a
district, public school academy, or nonpublic school shall not
disclose those results, except any felony conviction or a
misdemeanor conviction involving sexual or physical abuse, to any
person who is not directly involved in evaluating the individual's
qualifications for employment. However, for the purposes of
subsections (4) and (5), a person described in this subsection may
provide a copy of the results under subsection (1) concerning the
individual to an appropriate representative of another district,
public school academy, or nonpublic school. A person who violates
this subsection is guilty of a misdemeanor punishable by a fine of
not more than $10,000.00, but is not subject to the penalties under
section 1804.
(9) Within 30 days after receiving a proper request by a
school district, local act school district, intermediate school
district, public school academy, or nonpublic school for a criminal
records check on an individual under this section, the criminal
records division of the department of state police shall initiate
the criminal records check. After conducting the criminal records
check for a school district, local act school district,
intermediate school district, or public school academy, the
criminal records division of the department of state police shall
provide the results of the criminal records check to the district
or public school academy. After conducting the criminal records
check for a nonpublic school, the criminal records division of the
department of state police shall notify the nonpublic school of
whether or not the criminal records check disclosed any criminal
history that is not disclosed in the report on the individual
provided to the nonpublic school under section 1230.
(10) This section does not apply to an individual hired as a
substitute teacher if that individual meets all of the following:
(a) Was employed as a teacher by a school district, local act
school district, intermediate school district, public school
academy, or nonpublic school and has retired from that employment.
(b) Is hired as a substitute teacher within 3 months after his
or her retirement effective date.
(11) (10)
As used in this section,
"state board approval"
means that term as defined in section 1539b.